TNAG-1443-FCO40-1927-Constitutional-development-in-Hong-Kong-1986 — Page 284

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9. BEFORE 1984, THEREFORE, THE STRUCTURE OF REPRESENTATIVE GOVERNMENT

IN HONG KONG CONSISTED OF THE DISTRICT BOARDS, REFLECTING THE VIEWS

AND CONCERNS AT THE GRASS ROOTS LEVEL OF SOCIETY: AND THE URBAN

COUNCIL AND ABOUT TO BE CREATED REGIONAL COUNCIL, VESTED WITH BOTH EXECUTIVE RESPONSIBILITIES AND A CONSULTATIVE ROLE AT THE REGIONAL

LEVEL OF ADMINISTRATION.

10. THE PURPOSE OF THE 1984 GREEN PAPER WAS TO PROPOSE WAYS OF

EXTENDING THIS STRUCTURE TO INCLUDE THE CENTRAL ORGANS OF

GOVERNMENT, THE EXECUTIVE AND LEGISLATIVE COUNCILS, IN A WAY

WHICH WILL MAKE THE GOVERNMENT MORE DIRECTLY ACCOUNTABLE TO THE

PEOPLE OF HONG KONG ... '' (CHAPTER 1, PARAGRAPH 6 OF THE GREEN PAPER).

1. THE (NEXT 2 WORDS UNDERLINED) EXECUTIVE COUNCIL IS THE HIGHTEST

POLICY-MAKING BODY IN THE TERRITORY. IT CURRENTLY CONSISTS OF FOUR EX-OFFICIO MEMBERS (THE CHIEF SECRETARY, THE COMMANDER BRITISH FORCES, THE FINANCIAL SECRETARY AND THE ATTORNEY GENERAL) AND 13 APPOINTED MEMBERS, OF WHOM 2 ARE OFFICIALS. CONSTITUTIONALLY IT CONSIDERS AND ADVISES THE GOVERNOR (WHO PRESIDES OVER IT) ON ALL

MAJOR POLICY MATTERS AND ALL PRINCIPAL LEGISLATION BEFORE IT IS INTRODUCED INTO THE LEGISLATIVE COUNCIL. IN PRACTICE, IT OPERATES CORPORATELY AND THE GOVERNOR HAS NOT DECLINED ITS ADVICE ON ANY SIGNIFICANT ISSUE WITHIN LIVING MEMORY. THE GOVERNOR-IN-COUNCIL

MAKES SUBSIDIARY LEGISLATION UNDER A NUMBER OF ORDINANCES AND ALSO CONSIDERS APPEALS, PETITIONS AND OBJECTIONS UNDER CERTAIN ORDINANCES.

12. THE (NEXT 2 WORDS UNDERLINES) LEGISLATIVE COUNCIL'S PRIMARY FUNCTION IS THE ENACTMENT OF LEGISLATION INCLUDING LEGISLATION FOR THE APPROPRIATION OF PUBLIC FUNDS. IT QUESTIONS THE ADMINISTRATION ON MATTERS OF PUBLIC INTERES, DEBATES QUESTIONS OF

POLICY AND EXERCISES CONTROL OVER THE EXPENDITURE OF PUBLIC FUNDS

THROUGH THE FINANCE COMMITTEE.

13. AT THE TIME OF THE DRAFTING OF THE 1984 GREEN PAPER THE

LEGISLATIVE COUNCIL CONSISTED OF THREE EX-OFFICIO MEMBERS (THE CHIEF SECRETARY, THE FINANCIAL SECRETARY AND THE ATTORNEY GENERAL )

AND 44 MEMBERS APPOINTED BY THE GOVERNOR, OF WHOM 15 WERE GOVERNMENT OFFICIALS (NORMALLY HEADS OF POLICY BRANCHES IN THE GOVERNMENT SECRETARIAT).

14. THE EFFECT OF THE GREEN AND WHITE PAPERS WAS TO ALTER THE

COMPOSITION OF THE LEGISLATIVE COUNCIL:

(A) BY REDUCING THE NUMBER OF GOVERNMENT OFFICIALS ON IT FROM

18 TO 10 AND THE NUMBER OF APPOINTED UNOFFICIAL MEMBERS FROM

29 TO 22 SEMICOLON AND

(B) BY INTRODUCING 24 NEW MEMBERS INDIRECTLY ELECTED BY FUNCTIONAL CONSTITUENCIES AND AN ELECTORAL COLLEGE.

Confidential

/15.

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